The Nigeria Labour Congress (NLC) has informed the Solicitor General of the Federation and Permanent Secretary of the Ministry of Justice that there are no orders, whether interlocutory or perpetual, from any court, including the National Industrial Court prohibiting workers from participating in peaceful rallies organized by the NLC.
The NLC also reminded the Federal Government through the Solicitor General that there is an existing judgment affirming that the right to demonstrate and protest on matters of concern is a right that individuals should be able to exercise freely as long as they do not engage in wrongful acts.
These statements were conveyed by a letter from Falana Chambers to the Permanent Secretary/Solicitor General titled "Re NLC in contempt of court " signed by Sam Ogala Esq.
This letter comes in response to labors planned protest on Wednesday, August 2nd against the removal of petrol subsidy. The labor unions are expressing concerns about its impact, on Nigerians. Urging the government to implement measures to alleviate its effects.Parts of the letter expressed concern, about your response to the decision made by workers to take part in rallies, where they voiced their concerns over the deteriorating economic crisis in the country. It was reported that you accused the leaders of the Nigeria Labour Congress of disregarding the order, from the National Industrial Court.
"We strongly refute your accusation. The Nigeria Labour Congress has no intention of defying the ex parte order issued by the National Industrial Court. This order explicitly restrains the defendants/respondents from engaging in any form of planned action or strike until the Motion, on Notice dated June 2023 is heard and determined.
It is important to note that neither the National Industrial Court nor any other court has granted a perpetual injunction that prohibits Nigerian workers from participating in peaceful rallies organized by the Nigeria Labour Congress.
The right of workers to engage in protests is protected by the constitution and should not be misclassified as an industrial action or strike. Therefore it was unwarranted for you to threaten our client with contempt of court based on this matter.
We would like to bring your attention to a case Inspector General of Police v All Nigeria Peoples Party (2008) 12 WRN 65 where the court upheld the right of Nigerians to protest without requiring a police permit."According to Justice Adekeyes ruling, in the courts judgment;
"The ability to express ones opinions through demonstrations and protests regarding issues is a fundamental right that individuals should have. Long as no unlawful actions are taken people ought to be able to exercise these rights without any hindrances."
"If as law enforcement agents have speculated there is a potential, for disturbance of the peace our criminal code already includes provisions for addressing situations and imposing sanctions to maintain law and order. Therefore the requirement of obtaining permits as a condition for holding meetings and rallies can no longer be justified in a society. It is crucial that our legislature fiercely protects the rights of freedom of speech and freedom of assembly as they form the foundation on which our government stands."
"In light of this I would suggest advising the Nigeria Labour Congress and its allies to conduct their rallies peacefully. Additionally it would be wise to remind the Nigeria Police Force about section 83(4) of the Police Establishment Act 2020. According to this section if individuals or organizations notify the police about their intention to hold meetings, rallies or processions on highways or places accessible to the public it is the responsibility of the police officer, in charge of that area to mobilize personnel in order to provide security coverage for those events."
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